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SR-070996-8A f:\atty\muni\strpts\m]m\parkfee.sr CIty Counc~l Meeting 7-9-96 SA JUL 0 9 1996 Santa MonIca, CalIfornIa TO: Mayor and CIty CouncIl FROM: CIty Attorney SUBJECT: OrdInance AmendIng Santa MonIca MunICIpal Code SectIon 2.72.010 RelatIng to Fees for MunICIpal SerVIces IntroductIon Legal staff hereby recommends that the City CounCIl approve the attached proposed ordinance clarifying the CIty'S power to Impose recreatIon fees. DIScussion For many years, the City has charged fees for recreatIonal aCLIvItIes. However, the MunICIpal Code does not contaIn explICIt authorIzatIon for such fees. Legal staff belIeves that thIS lack of explICIt authorIzatIon certaInly does not InvalIdate recreatlon fees. However, In order to achieve consistency with other Code prOVIsions explIcitly authoriZIng other fees and In order to clarIfy eXIstIng law, legal staff submIts thIS proposed ordInance. The proposed ordinance would amend MuniCIpal Code SectIon 2.72.010, "Fees for Municipal Services." A sentence would be added to prOVIde that the user fees and fees for serVIces which the CIty is 1 8A JUl 0 9 1996 authorlzed to establlsh under this Sectlon speciflcally lnclude fees for recreatlon, youth and sports programs. RECOMMENDATION It 18 respectfully recommended that the accompanying ordlnance be lntroduced for flrst readlng. PREPARED BY: Marsha Jones Moutrie, Clty Attorney Claudia Thompson, Legal Admln. Staff Asst. 2 f:\atty\mun1\laws\parkfee.ord C1ty Council Meet1ng 7-9-96 Santa Mon1ca, Californla ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUTIICIPAL CODE SECTION 2.72.010 RELATING TO FEES FOR MUNICIPAL SERVICES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Mon1ca Municipal Code Sect10n 2.72.010 1S amended to read as follows: 2.72.010 Fees for munic1pal services. The C1ty may establ1sh and set the amount of user fees or fees for serV1ces Wh1Ch are provided to or benef1t part1cular 1ndlvlduals rather than the general nubIlc. , ~t' .... .-:'... . ~ ..... .' . . .. r .. ;. r .,,; . -, . SECTION 2. Any prov1s1on of the Santa Mon1ca Municlpal Code or appendices thereto 1nconS1stent wlth the prov1sions of thlS Ordlnance, to the extent of such lnconslstencles and no further, 1S hereby repealed or modlfled to that extent necessary to effect the proVlslons of thlS Ordlnance. 1 SECTION 3. If any sect1on, subsect1on, sentence, clause, or phrase of this Ord1nance 1S for any reason held to be lnvalld or unconstltutlonal by a declS10n of any court of competent )urlsdiction, such decision shall not affect the valldity of the remalnlng portions of this Ordlnance. The City Council hereby declares that it would have passed this Ordlnance and each and every sectlon, subsectlon, sentence, clause, or phrase not declared lnvalld or unconstltutional without regard to whether any port~on of Lhe ordlnance would be subsequently declared lnvalld or unconstltutlonal. SECTION 4. The Mayor shall sign and the Clty Clerk shall attest to the passage of thlS Ordlnance. The Clty Clerk shall cause the same to be publlshed once in the official newspaper wlthln 15 days after its adoption. ThlS Ordlnance shall become effectlve 30 days from its adoption. APPROVED AS TO FORM: hi A ~ 1 I. . -'. 'UL~ A._,.t.(J J\Lt 1,---ru:.:e Y~~SHA JaNE MOUTRIE Clty Attorney 2